Oklahoma Statutes
Title 84. Wills and Succession
§84-55. Formal requisites in execution - Self-proved wills.

Every will, other than a nuncupative will, must be in writing; and every will, other than a holographic will and a nuncupative will, must be executed and attested as follows:

1. It must be subscribed at the end thereof by the testator himself, or some person, in his presence and by his direction, must subscribe his name thereto.
2. The subscription must be made in the presence of the attesting witnesses, or be acknowledged by the testator to them, to have been made by him or by his authority.
3. The testator must, at the time of subscribing or acknowledging the same, declare to the attesting witnesses that the instrument is his will.
4. There must be two attesting witnesses, each of whom must sign his name as a witness at the end of the will at the testator's request and in his presence.
5. Every will, other than a holographic and a nuncupative will, and every codicil to such will or to a holographic will may, at the time of execution or at any subsequent date during the lifetimes of the testator and the witnesses, be made self-proved, and the testimony of the witnesses in the probate thereof may be made unnecessary by:
THE STATE OF OKLAHOMA
COUNTY OF ___________
Before me, the undersigned authority, on this day personally appeared __________, __________, and __________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me first duly sworn, said _________, testator, declared to me and to the said witnesses in my presence that said instrument is his last will and testament or a codicil to his last will and testament, and that he had willingly made and executed it as his free and voluntary act and deed for the purposes therein expressed; and the said witnesses, each on his oath stated to me, in the presence and hearing of the said testator, that the said testator had declared to them that said instrument is his last will and testament or codicil to his last will and testament, and that he executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said testator and at his request and that said testator was at that time eighteen (18) years of age or over and was of sound mind.
Subscribed and acknowledged before me by the said __________, testator, and subscribed and sworn before me by the said __________, and __________ witnesses, this _____ day of ________, A.D., _______.
We the undersigned are the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and we do hereby declare that said __________, testator, declared to said witnesses that said instrument is his last will and testament or a codicil to his last will and testament, and that he willingly made and executed it as his free and voluntary act and deed for the purposes therein expressed; and said witnesses further declare that the said testator declared to them that said instrument is his last will and testament or codicil to his last will and testament, and that he executed same as such and wanted each of us to sign it as a witness; and that we did sign the same as witnesses in the presence of the said testator and at his request and that said testator was at that time eighteen (18) years of age or over and was of sound mind, all of which we declare and sign under penalty of perjury this ________ day of ________.
6. Any person falsely executing a written declaration as a witness or misrepresenting his or her identity with the intent to defraud another person pursuant to subparagraph b of paragraph 5 of this subsection shall, upon conviction, be deemed guilty of the felony of perjury and shall be subject to the penalties prescribed by law.
7. A self-proved testamentary instrument shall be admitted to probate without the testimony of any subscribing witness, unless contested, but otherwise it shall be treated no differently than a will or codicil not self-proved. Furthermore, a self-proved testamentary instrument may be revoked or amended by a codicil in exactly the same fashion as a will or codicil not self-proved and such a testamentary instrument may be contested as a will not self-proved.
R.L. 1910, § 8348. Amended by Laws 1961, p. 636, § 1; Laws 1965, c. 11, § 1, emerg. eff. Feb. 10, 1965; Laws 1976, c. 46, § 1; Laws 1977, c. 58, § 1; Laws 1996, c. 107, § 1, eff. Nov. 1, 1996; Laws 1997, c. 133, § 597, eff. July 1, 1998.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 84. Wills and Succession

§84-1. Legacies classed.

§84-2. All property of interstate subject to debts.

§84-3. Order of resort to property for payment of debts, administration expenses and allowances.

§84-4. Order of resort to property for payment of legacies.

§84-5. Preferred legacies.

§84-6. Abatement takes effect how.

§84-7. Title and possession - Representative may sell property devised.

§84-8. Claim under heir against devisee - Probate proceedings.

§84-9. Succession to limited legacies - Inventory of property.

§84-10. Bequest of interest or income begins at death.

§84-11. Satisfaction of legacy before death.

§84-12. Legacies due, when - Annuities.

§84-13. Interest on legacies.

§84-14. Intention of testator controls.

§84-15. Testator's intention as to executor.

§84-16. Executor may not appoint executor.

§84-17. Executor's power begins, when - Payment of funeral charges, etc.

§84-18. Power of executor of executor.

§84-19. Will includes codicils.

§84-20. Law governing validity and interpretation of wills.

§84-21. Liability of beneficiaries.

§84-22. Disclaimer of interests passing by will, intestate succession, etc. - Definitions

§84-23. Right to file disclaimer - Minor incompetent or deceased beneficiaries.

§84-24. Time for filing disclaimer

§84-25. Place of filing disclaimer - Delivery of copies - Interest in real estate.

§84-26. Disposition of interest disclaimed.

§84-27. Uniform Fraudulent Conveyance Act not abrogated - Bar on right to disclaim in certain cases.

§84-28. Spendthrift provisions - Binding effect of disclaimer - Spouse of disclaimant.

§84-29. Other rights not abridged.

§84-30. Interest not fixed or finally ascertained - Right to disclaim.

§84-31. Disclaimer of interest in trust - Conditions.

§84-41. Persons who may make a will - Persons subject to guardianship or conservatorship.

§84-42. Right of married woman.

§84-43. Duress, menace, fraud, or undue influence - Revocation.

§84-44. Property which may be disposed of - Election by surviving spouse - Homestead.

§84-45. Persons who may take under will - Exception as to corporation.

§84-46. Nuncupative wills - Requisites.

§84-51. Nuncupative will need not be in writing.

§84-52. Mutual will - Revocation.

§84-53. Probate of conditional will.

§84-54. Holographic wills - Requisites.

§84-55. Formal requisites in execution - Self-proved wills.

§84-56. Method of witnessing a will.

§84-57. Codicil, effect of.

§84-71. Law of place governs execution or revocation.

§84-72. Law must be followed in execution or revocation.

§84-73. Change of domicile does not affect will.

§84-81. Wills deposited with judge of the district court.

§84-82. Delivery of deposited will.

§84-83. Duty of judge having will on deposit after testator's death.

§84-91. Proof of lost or destroyed will

§84-101. Revocation of wills.

§84-102. Proof of destruction.

§84-103. Effect of alteration or partial erasure

§84-104. Revocation of duplicate will.

§84-105. Revocation by subsequent will.

§84-106. Revocation of subsequent will.

§84-109. Effect of sale of devised property.

§84-110. Encumbrance not a revocation.

§84-111. Partial disposal not a revocation.

§84-112. When intent to revoke expressed.

§84-113. Codicils revoked with will.

§84-114. Divorce or annulment as revoking will.

§84-131. After-born children not provided for in will.

§84-132. Provision for children unintentionally omitted.

§84-133. How provision made as to child born after or omitted from will.

§84-134. Advancements cover rights.

§84-141. Devise of land gives all estator's estate.

§84-142. Death of devisee or legatee before testator - Rights of descendants.

§84-143. Gift to witness void - Exception.

§84-144. Witness entitled without will.

§84-145. Subsequent incompetency of witnesses immaterial.

§84-146. Property acquired after will.

§84-151. Intention of testator governs.

§84-152. Ascertaining intention.

§84-153. Rules of this article govern interpretation.

§84-154. Several instruments construed as one.

§84-155. Irreconcilable parts.

§84-156. Plain devise not affected by other parts of will.

§84-157. Ambiguities.

§84-158. Words taken in ordinary sense.

§84-159. Words to be given effect if possible.

§84-160. Interpretation against total intestacy.

§84-161. Technical words.

§84-162. Technical expression not required.

§84-163. Words of inheritance not necessary.

§84-164. Execution of power to devise.

§84-165. General disposition includes what.

§84-166. Devise of residue of real estate.

§84-167. Devise of residue of personalty.

§84-168. Effect of certain terms as "heirs," "relations," etc.

§84-169. When terms "heirs," "relations," etc. construed as words of donation.

§84-170. Words referring to survivorship.

§84-171. Disposition to class includes all.

§84-172. Conversion of realty into money.

§84-173. Unborn child included in class, when.

§84-174. Errors corrected, how.

§84-175. Rights presumed to vest on testator's death.

§84-176. Rights divested, when.

§84-177. Death of devisee or legatee causes failure.

§84-178. Remaindermen not affected by death of devisee or legatee.

§84-179. Conditional disposition defined.

§84-180. Condition precedent defined.

§84-181. Condition precedent must be fulfilled - Exception.

§84-182. Substantial compliance as performance of condition precedent.

§84-183. Condition subsequent defined.

§84-184. Owners in common created, when.

§84-185. Gifts do not reduce legacies.

§84-186. Unlimited marital deduction - Interpretation of will.

§84-211. Succession defined.

§84-212. Property of intestate passes to heirs subject to control of court and possession of administrator.

§84-213. Descent and distribution.

§84-214. Dower and courtesy abolished.

§84-215. Inheritance by and from illegitimate child.

§84-216. Inheritance from illegitimate child.

§84-217. Degrees of kindred.

§84-218. Lineal and collateral.

§84-219. Ascending and descending lines.

§84-220. Degrees in direct line.

§84-221. Collateral degrees, how reckoned.

§84-222. Kindred of the half-blood.

§84-223. Advancements.

§84-224. Excess not refunded.

§84-225. Advancements defined.

§84-226. Expressed value of advancement governs.

§84-227. Representation in advancements.

§84-228. Representation defined - Posthumous children.

§84-229. Aliens may take.

§84-230. Liabilities of heirs.

§84-231. Offenses precluding a person from inheriting or benefiting by insurance of victim.

§84-232. Automobiles - Surviving spouse's rights.

§84-251. Proceedings authorized - Jurisdiction - Final determination - Appeal.

§84-252. Petition - Contents.

§84-253. Hearing, process and service.

§84-254. Trial and judgment - Rehearings.

§84-255. Appeals.

§84-256. Remedies cumulative.

§84-257. Actions to determine persons entitled to real property - Description of parties - Publication of notice.

§84-258. Judgment.

§84-259. Conclusiveness of judgment.

§84-260. Service by publication - Mailing notice to persons named in petition.

§84-261. Proof of service.

§84-271. Conditions of escheat.

§84-271.1. Abandoned mineral interests.

§84-273. Petition in escheat by Attorney General or district attorney.

§84-274. Summons - Notification to Attorney General.

§84-275. Parties - Trial and judgment - Costs.

§84-276. Sale of property.

§84-277. Appeals.

§84-301. Devises or bequests by will to trustee of trust established by written instrument independently of will - Permissible terms and conditions.

§84-303. Construction.

§84-304. Citation.

§84-305. Life insurance policies - Trustee named by will as beneficiary.

§84-306. Liability for debts and taxes.

§84-307. Commingling of proceeds.

§84-308. Prior beneficiary designations not affected.

§84-350. Short title.

§84-351. Definitions.

§84-852. Validity of a will.

§84-853. Requirements of a will.

§84-854. Signature, date, and declaration.

§84-855. Signature establishing execution of valid international will.

§84-856. Certificate - Formal validity.

§84-857. International will - Rules of revocation of wills.

§84-858. Interpretation of Uniform International Wills Act.

§84-859. Authorized persons.